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Law Office of Justin C. Frankel, P.C. Secures Full Reinstatement of Disability Benefits for a Neurosurgeon Forced to Stop Practicing After Cancer Treatment
Our client, a seasoned Neurosurgeon, built her career in one of the most technically demanding and physically strenuous specialties in medicine. Neurosurgery requires an uncompromising level of precision, razor sharp cognitive function, and the ability to perform under extraordinary pressure, skills honed only after seven years of residency and an additional one to two years of fellowship training. After dedicating her life to mastering this field, she was diagnosed with breast cancer, forcing her to undergo multiple surgeries, chemotherapy, and extensive rehabilitation.
Cancer Treatment and the Onset of Permanent Impairments
During chemotherapy, she developed severe numbness and tingling in her hands and feet, symptoms that worsened significantly following treatment with the oral chemotherapy drug Taxol. What began as expected side effects soon evolved into persistent peripheral neuropathy, accompanied by profound cognitive impairments often referred to as “chemobrain,” including memory loss, difficulty concentrating, poor attention, increased stress reactivity, and psychological effects such as depression and anxiety. These debilitating symptoms never resolved, and she never regained the physical or cognitive capacity required to operate safely as a Neurosurgeon.
Disability Claims Filed and Wrongfully Terminated by Standard
Despite her determination, she had no choice but to stop practicing and file disability claims under two policies issued by Standard, one provided by her employer and another she had independently purchased. Although Standard initially approved both claims, the insurer quickly shifted its approach, repeatedly demanding additional documentation and ultimately terminating both policies. This termination directly contradicted the findings of her treating neurologists, all of whom agreed that she could not safely perform the essential duties of her occupation.
Standard’s Reliance on an Outdated Occupational Analysis
Standard’s decision was based on a fundamental misunderstanding of the true requirements of neurosurgery. Standard relied on the Dictionary of Occupational Titles (DOT), an outdated, oversimplified resource that fails to capture the modern realities and complexities of medical specialties. By using the DOT as its primary reference, Standard inaccurately concluded that her ongoing neuropathy, cognitive impairment, and significant mental fatigue would not preclude her from returning to work.
Demonstrating Why Neurosurgery Was No Longer Possible
Our firm immediately challenged this flawed analysis. We worked closely with our client to gather detailed occupational materials and commissioned a comprehensive vocational report illustrating the precise physical and cognitive demands of neurosurgery. We meticulously documented how the role requires unwavering hand stability, exceptional stamina, rapid information processing, and the ability to withstand extreme stress, conditions utterly incompatible with peripheral neuropathy, impaired concentration, and cognitive slowing. Even minor tremors, lapses in focus, or processing delays could lead to catastrophic consequences—neurological injury, permanent impairment, loss of independence, brain damage, or death. No responsible physician, patient, or insurer could reasonably assert that she remained capable of performing such high risk work.
Medical Evidence Confirming Total Occupational Disability
To further support the appeal, we collaborated with her medical team to obtain clear, objective evidence confirming the permanent nature of her impairments. Each provider unequivocally concluded that she could not sustain either the mental or physical requirements of neurosurgery on a full time or even part time basis. Their opinions directly refuted Standard’s internal reviewers, who never conducted an in person evaluation and whose conclusions ignored the complex interplay between her physical symptoms, cognitive deficits, and psychological conditions.
Legal Failures in Standard’s Claims Evaluation
Our appeal made unmistakably clear that Standard had failed to conduct a legally sufficient occupational analysis, failed to appreciate the severity of her chemotherapy related impairments, and failed to give proper weight to the medical professionals who knew her condition best. Had the insurer engaged in an appropriate analysis from the outset, her benefits never would have been terminated.
Disability Benefits Fully Reinstated Under Both Policies
Only a few weeks after receiving our submission, Standard reversed course, overturned both terminations, and fully reinstated her benefits under both the group and individual disability policies. She now receives two substantial monthly benefit payments, providing crucial financial stability as she continues to manage the lasting effects of her cancer treatment.
This outcome reflects the unwavering commitment of the Law Office of Justin C. Frankel, P.C. to protecting professionals whose careers are threatened by illness and to holding insurers accountable when they fail to honor their obligations. Our advocacy ensured that our client received the justice—and the benefits—she rightfully deserved.
